In the Int. of: K.L.B., a Minor
53 MDA 2022
| Pa. Super. Ct. | Apr 20, 2022Background
- Child K.L.B. born July 2010; parents never married and separated in 2015.
- Father had contact through about July 2016 (first five–six years); no contact, support, cards, or calls since then.
- Father has history of violence and methamphetamine use; convicted April 2021 for assaulting his grandmother and possession of paraphernalia; was in rehab/halfway-house programs after release.
- Mother and her husband (Stepfather) have exclusively parented the child for ~6 years; Stepfather has functioned as father and has begun adoption proceedings.
- Orphans’ Court terminated Father’s parental rights (23 Pa.C.S. §2511), finding Father abandoned the child, no parent–child bond existed, and termination served the child’s developmental, physical, and emotional needs; Father appealed and the Superior Court affirmed (Decree affirmed April 20, 2022).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supported termination of Father’s parental rights and that termination was in the child’s best interests under 23 Pa.C.S. §2511(b) | Father: He had been the child’s father for her first five years; that past bond supports allowing him to resume a parental role. | Orphans’ Ct./Mother: Father voluntarily abandoned the child since 2016, provided no support or contact, has substance-abuse and violence history, and Stepfather provides stability and a parental bond—termination serves the child’s needs. | Superior Court affirmed: Father waived challenge to §2511(a); under §2511(b) clear-and-convincing evidence showed loss of any beneficial bond and that termination was in the child’s best interests. |
Key Cases Cited
- In re C.M.K., 203 A.3d 258 (Pa. Super. 2019) (describes bifurcated §2511(a)/(b) analysis).
- In re C.S., 761 A.2d 1197 (Pa. Super. 2000) (defines clear-and-convincing standard).
- Matter of Adoption Charles E.D.M., II, 708 A.2d 88 (Pa. 1998) (clarifies proof standard and parental-rights termination principles).
- In re T.S.M., 71 A.3d 251 (Pa. 2013) (primary focus under §2511(b) is child’s developmental, physical, and emotional needs).
- In re K.M., 53 A.3d 781 (Pa. Super. 2012) (identifies intangibles—love, comfort, security, stability—in best-interest analysis).
- In re K.K.R.-S., 958 A.2d 529 (Pa. Super. 2008) (explains bond analysis and that biological connection alone does not preclude termination).